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Today, everything seems mobile. The convergence of smart phones, tablets, and cloud technology over the past several years means you can now do virtually anything no matter where you are, no matter what time of day. Want to watch a movie while you wait in line at the DMV? How about downloading a walking guide as you stand on the streets of Paris and then following its audio commentary as you explore the city? How about writing and sending e-mail as you cruise at 30,000 feet in an airplane? All are possible and so much more.
Legal professionals have been slightly less hurried to embrace the wonders of mobility as a part of their work. Certainly, they use mobile devices and apps in their personal life just like everybody else, but because of tradition and habit, many have been hesitant to adopt these things as part of their working lives. However, this is changing ' and in some cases dramatically.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."